Hedrick v. Hedrick

• Decision Date: 12 June 1911
• Citation: 138 S.W. 678,157 Mo. App. 633
• Parties: HEDRICK v. HEDRICK.
• Court: Missouri Court of Appeals

138 S.W. 678

157 Mo. A. 633

HEDRICK v. HEDRICK.

Kansas City Court of Appeals. Missouri.

June 12, 1911.

1. HUSBAND AND WIFE (§ 295)—SEPARATE MAINTENANCE—TEMPORARY ALLOWANCE AND COUNSEL FEES.

At common law the wife in a proceeding for separate maintenance may be entitled to an allowance pendente lite, if she has not sufficient means for her support, and also to a reasonable allowance for counsel fees.

2. HUSBAND AND WIFE (§ 299½)—SEPARATE MAINTENANCE—ALLOWANCE FOR BENEFIT OF CHILDREN.

In a wife's action for separate maintenance under Rev. St. 1899, § 4327, where it was not alleged that defendant had abandoned his children or refused to support them, and where no order or decree placing them in the custody of the plaintiff was shown, the court has no jurisdiction over the children; and an allowance to plaintiff for the benefit of such children is unauthorized.

Error to Circuit Court, Jackson County; John G. Park, Judge.

Action by Meta P. Hedrick against S. Clyde Hedrick. Judgment for plaintiff, and defendant brings writ of error. Reversed in part and remanded.

Wofford & Kimbrell and W. W. Calvin, for plaintiff in error. L. A. Laughlin, for defendant in error.

BROADDUS, P. J.

This is a suit by the wife against the husband for support and maintenance as provided by section 4327, R. S. 1899.

The plaintiff and defendant were married August 22, 1898. Plaintiff alleges in her petition that in April, 1909, defendant without just cause abandoned plaintiff, and has since failed and refused to contribute to her support; that there were two children born of the marriage, a girl seven years of age, and a boy of two years of age; and that defendant has an income of $5,000 a year. Plaintiff prays that defendant be ordered to pay her a reasonable sum each month for her support and maintenance during the pendency of the suit, and such further sum as will enable her to carry on the action, and that on final hearing defendant may be decreed to pay the sum of $250 monthly for her support and maintenance. The answer of defendant admits the marriage and the birth of the two children, but denies all the other allegations of the petition. After answer was filed the plaintiff filed a motion for an allowance of $250 a month for temporary allowance, and an allowance of $150 for attorney's fees. On the hearing of the motion the plaintiff was the only witness who testified. She stated: That defendant was an advertising solicitor and goes from city to city. His plan is to buy space in local newspapers and then sell it to advertisers. That while they lived in San Francisco in four months' time defendant made $9,000; and that while they were living together in Seattle she discovered her husband flirting with a woman in a restaurant. After this he persuaded her to go to her home in Saginaw, Mich., which created a disagreement between them. The two corresponded regularly, and defendant promised that he would come and live with plaintiff. After he sent his wife home, defendant traveled around with another woman. He sent money at the rate of $300 a month to his wife from January, 1908, up to April, 1909, when they separated, at which time they were living in Kansas City. It was while in Kansas City that plaintiff discovered the relations existing between defendant and said woman. At this time defendant told plaintiff to go, and she returned to her parents' home in Saginaw, Mich., since which he has not contributed anything to her and the children's support. After plaintiff had left Kansas City defendant was arrested...